NSW Caselaw
New South Wales Court of Appeal
CITATION: Ghunaim v Bart [No 2] [2006] NSWCA 82
HEARING DATE(S): On the papers.
JUDGMENT DATE: 24 April 2006
JUDGMENT OF: Giles JA at 1; Ipp JA at 2; McColl JA at 3
DECISION: 1. Set aside the costs orders made by Rein DCJ on 17 October 2002. 2. Order the respondent to pay the appellant's costs of the trial. 3.Direct the respondent to inform the appellant by letter sent to his last known address of this judgment and orders.
CATCHWORDS: COSTS - TRIAL - Calderbank offer more favourable for appellant than ultimate outcome - Offer submitted on morning of first day of trial and open for acceptance for 2-3 hours - Whether appellant acted unreasonably in rejecting offer - HELD - No
District Court Act 1973 LEGISLATION CITED: Workers Compensation Further Amendment Act 2001 District Court Rules 1973
Evans Shire Council v Richardson (No 2) [2006] NSWCA 61 Franklins Ltd v Burns [2005] NSWCA 54 Ghunaim v Bart [2004] NSWCA 29 CASES CITED: Leichhardt Municipal Council v Green [2004] NSWCA 341 MGICA (1992) Pty Ltd v Kenny & Good Pty Ltd (1996) 70 FCR 236 Multicon Engineering Pty Ltd v Federal Airports Corp (1996) 138 ALR 425 South Eastern Sydney Area Health Service v King [2006] NSWCA 2
PARTIES: Ali Ghunaim (Appellant) Wilhelm Bart (Respondent)
FILE NUMBER(S): CA 41024/02
SOLICITORS: Appellant unrepresented Sparke Helmore (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 1275/01
LOWER COURT JUDICIAL OFFICER: Rein SC DCJ
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